Legal Pot Goes Local in Colorado

Towns and counties across the state are alternately banning and welcoming marijuana.

Possessing and smoking marijuana in Colorado is now as legal as buying a six-pack and drinking a beer, but with towns and cities as culturally far apart as Colorado Springs and Aspen, the new law is being handled in very different ways.

“Things are going exactly as planned, more or less,” assured Mason Tvert, a spokesman for the Marijuana Policy Project. “Some are embracing the change, they recognize the voters have done this and it’s not going anywhere. Others are trying to resist it.”

Tvert is based in Denver, which is both the capital and the largest Colorado city to move forward with plans to open marijuana shops, beginning on Jan. 1. On Oct. 1, the state began taking applications for licenses to sell marijuana commercially from existing medical marijuana dispensaries (all other prospective licensees can start applying in July 2014). According to Tvert, 15 different localities (towns, cities, or counties), including Denver, have given their dispensaries the green light to apply (a process requiring a wagon-full of paperwork and thousands of dollars in fees and bonds).

Meanwhile, a large number of localities are currently drafting regulations for marijuana businesses in their communities, he told TAC. “Localities get to decide where [shops] are located, the zoning, how many licenses may be given out in one area.” They also get to decide whether to impose an additional local tax on pot sales, and whether marijuana can be used in public places like coffee shops or parks (though don’t expect any Amsterdam-style cafes—smoking anything is banned in Colorado’s bars and restaurants).

Bringing new revenues into state coffers was one of the biggest selling points of Amendment 64—especially among fiscal and libertarian conservatives (who also see prohibition as fueling the violent black market and failed Drug War)—when it was passed by Colorado voters by a nearly 54 percent majority last November. They will vote in another referendum this Election Day on whether to impose state taxes on marijuana, including a 15 percent excise tax (on top of the current 2.9 percent sales tax) and a 10 percent “special tax” that could be raised to as high as 15 percent. Some estimates have marijuana sales generating upwards of $130 million in additional yearly tax revenue.

But while all those new potential tax dollars may be alluring for cash strapped municipalities, over 100 counties and towns throughout Colorado have either already banned the commercial sale of marijuana or have set moratoriums on the process.

“Marijuana sales are banned in far more places than they’re allowed,” blared an online headline the day after the application process for licenses opened Oct. 1. “Dry Towns Dampen Pot’s Spread,” exclaimed another in Time magazine.

These proclamations may be unduly dire, say pro-pot supporters, who note that while many localities are still undecided about how to move forward, or whether to even “opt in,” that doesn’t necessarily make them ambivalent toward the new law—at least not yet.

As of this week, according those compiling the yeas, nays, and delays, there were indeed 66 outright prohibitions, effectively making those towns and counties “smokeless”—an option written into the new law. Observers say there are at least 46 localities on track for opening stores on Jan. 1 or later in the year. Some of those have placed moratoriums on new businesses, but will allow existing medical marijuana dispensaries to apply for commercial licenses. Others are still drafting regulations but plan to “opt in.”

That leaves the rest either undecided or leaning toward a ban. A lot depends on whether a healthy majority of their residents were behind Amendment 64, and whether they have supported the state’s medical marijuana law, which has been in effect since voters approved it by 54 percent in 2000.

Most of the 66 localities that have already banned the commercial sale of marijuana had already outlawed medical marijuana dispensaries. Under the new law, though, they cannot stop adults from possessing, growing, or using marijuana behind closed doors. They can only refuse to allow so-called “pot shops” or the public imbibing of marijuana products within their jurisdictions.

According to Coloradans who spoke with TAC, these reluctant localities just don’t believe that legalizing marijuana is the answer. They fret about undesirable elements coming out of the woodwork, scaring away families and tourists, and worry about the new law’s effect on children.

“My first and foremost concern is public safety,” Don Knight, a member of the Colorado Springs City Council, tells TAC, “especially keeping recreational marijuana out of the hands of minors.” The city council passed a ban, by a contentious vote of 5 to 4, in July.

While fiscal conservatives have rallied for medical marijuana and decriminalization laws across the country, social conservatives have generally held firm against them, for the reasons Knight outlines. Colorado Springs, Colorado’s second largest city after Denver and nicknamed America’s (evangelical) Christian Mecca, is the perfect example. While it does allow medical marijuana dispensaries within city limits, and it passed Amendment 64 by about 5,000 votes, vocal conservative opposition to the new law had a major impact on the council’s decision to ban it, according to reports.

That opposition featured in large part, the military, which has a significant presence in Colorado Springs, including the Fort Carson Army installation, Peterson Air Force base, Schriever Air Force base, and the United States Air Force Academy.

“Two pillars of our community are tourism and the military,” Knight says. “Families won’t bring people to Colorado Springs if they’re scared of marijuana. The military won’t move their bases here if they’re scared of marijuana.” His assessment wasn’t all hyperbole—active duty officers were among those lobbying against marijuana stores in the city. According to one report from The Gazetteback in June, Fort Carson’s Maj. Gen. Paul LaCamera was heard frequently telling audiences that legalized pot is “against good order and discipline.”

Others suggested the bases might lose money if the city were marijuana friendly. “Marijuana use is incompatible with military service,” retired Air Force Gen. Stephen Lorenz, told the paper.

But while many places—including other major Colorado cities, like Thorton, Westminster, and Centennial—have revolted against so-called “cannabisiness,” plenty of towns and counties are not just resigned to the new reality, but are actually embracing the “weed friendly” label.

In fact, officials like Sal Pace, commissioner of Pueblo County, which plans to move forward with commercial sales, say they are happy to get the spillover business from smokeless neighbors like Colorado Springs. “Every time one of our neighbors bans it, we cheer,” Pace told the Denver Post. His people tell TAC that Pueblo is courting marijuana testing facilities and other marijuana-related commerce, and is serious about pot serving as a long-term economic driver.

“Pueblo has some of the most industry-friendly laws in the state,” noted Shawn Hauser, an attorney for Sensible Colorado, which is working with Pace on these issues.

Colorado’s famed tourism centers remain divided, so far, on commercial sales. Tourists, particularly to the state’s famed ski resorts, brought in $17 billion last year. Places like Telluride are moving forward full speed with legalization, planning for at least three new retail stores in the main business district. Aspen is allowing for new shops but capping the number at eight. Breckenridge, known as a “the Amsterdam of the Rockies,” has banned retail stores from the downtown but not elsewhere.

Vail, which has a ban on medical marijuana dispensaries, has placed a moratorium, which expires in December, on drafting regulations for commercial pot.

Some have groused that the “patchwork” of smoke and smokeless localities might lead to a de facto black market despite state legalization, especially if the closest retail opportunity is hundreds of miles away from a smokeless municipality. Tvert, though, doesn’t anticipate that happening.

“The underground market will be largely eliminated relatively quickly, and I expect a number of localities that are not currently poised to allow retail stores will come around,” he said, noting that folks can always grow their own while the laws evolve.

[Localities with bans] will recognize that adults in their communities are using marijuana, which will still be allowed, and they will want to start reaping the economic benefits from sales, as opposed to those people all purchasing marijuana and paying sales taxes in other localities.

That may the case, but officials who are vehemently opposed on moral or public safety grounds might just work harder to place as many restrictions on use as possible and market that as a selling point for their towns, said Colorado Springs Councilor Knight.

Cities that have very active city councils, and city leadership that are trying to bring tourism dollars to their cities and tourism districts, they will walk the halls of Congress and walk the halls of the Pentagon and they will put on family ads that say, ‘come to our town, we don’t allow marijuana!’

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28 Responses to Legal Pot Goes Local in Colorado

<blockquote cite=“Two pillars of our community are tourism and the military,” Knight says. “Families won’t bring people to Colorado Springs if they’re scared of marijuana. The military won’t move their bases here if they’re scared of marijuana.”

Note to the Colorado Springs City Council, evangelicals at Focus on the Family, and the military: cannabis makes you giggle a lot and eat cookie dough!

I’m amazed that the US Army and the US Air Force are *scared* of a weed that grows wild, right out of the ground. That’s right—our military, shaking in their boots over a plant substance.

I wanted to ignore this article. It’s all that guise for introducing the drug for casual use. It’s not who’s applauding. It’s who is not.

There’s not much coming from the medical community. There are no parading physicians or hospitals shout, “Hooray, Hooray . . .” I would think that if this was in fact the break through medical antidote to pain and suffering — that would be the strongest voices. Yet — silence.

Frankly, I just don’t buy it. Just another mind altering substance for the purposes of recreation disguised as medicine.

I think the US Army is correct to be concerned – it’s a problem and one that interferes with performance.
There are so many alternatives — the THC can be administered once extracted —
But as I am not a user and never have been aside from the irritating residual oder that permeates our home from a neighborhood rife with the stuff on occasion, and it really is annoying and simply grotesque odor that gets in everything. They can have it as long as they keep it where it belongs indoors – in their doors.

I voted against it here, I think, I am highly sympathetic to people’s medical treatments being a matter they should have a say in.

It’s not about medical use though is it? In my mind that is just a ruse for something else.

Military afraid of weed? Like the de-facto narco-state with a U.S. Military presence, Afghanistan? The U.S. Military guards opium crops and we should believe they are afraid of weed? Refer madness all over again indeed. Pathetic.

Nature isn’t our friend, it doesn’t care if we live or die, and won’t mourn our passing if we do. If you honestly believe that just because something grows all on its own in nature makes it harmless then I encourage you to go roll in some poison ivy/oak/sumac, inhale some black mold, ingest a few Galerina Sulciceps, drink some stangant water and, if you actually make it to the hospital in time to be treated, call me in the morning.

The military is right to fear any kind drug use by active duty soldiers, including alcohol, due to its effects on readiness and overall alertness.

This is a very well written, and well researched article. Congratulations, Author!

I am involved in Colorado’s cannabis and industrial hemp industry, and I am Colorado’s most successful campaign manager in defeating municipalities when they attempt to ban cannabis businesses. And, from this experience, I can say Ms Vlahos article is the most accurate I have read on the actual situation.

Had to laugh at the notion that the military and marijuana are incompatable. And “fearing” marijuana? Give me a break–it’s much less of a problem than any other major drug and the effects of pot really depends on mood and other factors. Personally, I think the effects, even of strong pot, are over-exagerrated. On the other hand, the military’s favorite and almost required drug which is alcohol always impairs judgment and functional ability in every way we can imagine.

EliteCommInc, you obviously have no idea what is going on and what the voters approved in Colorado. It was outright repeal of criminal penalties against adults who grow or use marijuana on private property (their own home or other private property where the owner chooses to allow it). It was not a medical-marijuana matter at all. So your talk about “under the guise of medicine” makes no sense.

Also, my wife and I have no problem living and raising our children in a town that refuses to dictate lifestyle, moral, social, and medical choices to the adults who live there. We would rather live in a town that values individual freedom and doesn’t seek to impose values on others by force — and that is what is used to remove someone from their life, family, and home and place them in a cage with dangerous violent people (jail), FORCE.

We will never move to a town that advertises its pride in coercing and dictating to its residents.

“My first and foremost concern is public safety,” Don Knight, a member of the Colorado Springs City Council, tells TAC, “especially keeping recreational marijuana out of the hands of minors.”
I have news for you. I found it easier to get illegal drugs (you know the ones oxymoronically called “controlled substances”)when I was in high school in the late 60’s.

If the US military fears cannabis, I most certainly hope they fear alcohol even more. It is a far harder and more destructive drug.

Also, it is incompatible with a free, civilian-led country for military officials to be publicly commenting and trying to influence domestic policy. Officials who insist on acting outside their legitimate authority by getting involved in domestic politics this way should be disciplined and, if it happens again, discharged. Good to know that our military “leaders” offer such helpful advice about how to control our private lives.

That’s a giant red herring and false equivocation. I never stated that simply because something exists in nature, it follows that it’s harmless.

What I *am* saying is that it is completely absurd for the US military to claim fear in defence of continuing the drug war. The US imprisons thousands of young black men for peddling small amounts of a plant substance. I really don’t have to qualify this observation. Meanwhile, the prison-industrial complex and its profiteers and the politicians that support them reap the profits (including fining states for not keeping the prisons full). All of this is utter hypocrisy for a country that claims to respect freedom and civil liberties for all.

The fact of the matter is cannabis is a far safer drug than alcohol and if alcohol is allowed, so should cannabis.

It should be noted that the smoking of cannabis does not cause lung cancer or COPD and research indicates that when cannabis becomes available to the public, suicide rates and fatal DUI incidents drop.

All of this supported by research. If you don’t believe that smoking cannabis doesn’t cause cancer I suggest you google “Donald Tashkin”. He was the government’s go-to guy for information to be used against cannabis and what do you know, look what he found out later on in his research.

Wyclif: right on. Right here on this site we have people like Dreher who openly state that their focus is not individual liberty but rather using the coercive power of government to dictate how their fellow Americans should live, which for him goes by the euphemism “social conservatism.”

No, Rod, my wife and I are social conservatives, for the most part, in how we CHOOSE to live OUR lives. We do not support “laws” that punish, fine, or restrict people for drinking or smoking something we avoid, for engaging in sexual activity or relationships of which we disapprove, for using contraception, etc. When did “social conservative” come to automatically mean “someone who wants to force others to live conservatively like us”?

@Fatsouthernboy: alcohol and tobacco are freely available in the military. The grunts need something to numb their senses after a day of meaningless violence. Can’t have them get mellow and non violent from pot.

“The military is right to fear any kind drug use by active duty soldiers, including alcohol, due to its effects on readiness and overall alertness.”
I know a few Army and Navy guys, and they all drink on duty. I don’t know about pot.

“EliteCommInc, you obviously have no idea what is going on and what the voters approved in Colorado. It was outright repeal of criminal penalties against adults who grow or use marijuana on private property (their own home or other private property where the owner chooses to allow it). It was not a medical-marijuana matter at all. So your talk about “under the guise of medicine” makes no sense.”

I live in CA. I very aware of what is going on. In CA it was for medicine. In Colorado, it’s the growing arrest record and denial of academic aide to rich and middle class white kids for having used or engaged in sale of the same. The hidden agendas remain the same for you it’s a protest against an abusive law — but the tryst remains the same.

Another happy pill. Are prisons are full of these arrests. You’ll be going after cocaine next. Here’s the point, of my import. A happy that can be taxed, ah, certainly the almighty dollar and if you event attempt that it’s medical use was not part and parcel to the contend, it demonstrates my point. What people do in their own homes is certainly their business and while I don’t drink. Alcohol, does not float in the air and contaminate everything it touches, marijuanna does.

So your comment about private use makes no sense. It does not remain private and my comments about my own neighborhood make the point.

I did place more emphasis on the medical excuse.
But that is just emphasis not the point.

Why?

“Tvert is based in Denver, which is both the capital and the largest Colorado city to move forward with plans to open marijuana shops, beginning on Jan. 1. On Oct. 1, the state began taking applications for licenses to sell marijuana commercially from existing medical marijuana dispensaries (all other prospective licensees can start applying in July 2014). According to Tvert, 15 different localities (towns, cities, or counties), including Denver, have given their dispensaries the green light to apply (a process requiring a wagon-full of paperwork and thousands of dollars in fees and bonds).”

It began with the medical argument. The after is the real endgame. Which seems to indicate, that I know what is going on all to well. Sadly.

“Together, the seven studies were all prospective cohorts and represented 50,275 human subjects. There were three European studies (from Sweden, Holland and Germany), one from New Zealand and one from Australia. Only one study of the seven did not show a significant association between cannabis consumption and increase of the risk of developing a psychosis. However, this study had some bias, such as low level of cannabis use and the lack of evaluation of cannabis use after inclusion. For the six other studies, data show the existence of a significant association between cannabis use and psychotic disorders (with an increased risk between 1.2 and 2.8 in Zammit et al.’s study), particularly among vulnerable individuals (that is with a prepsychotic state at the time of inclusion). Therefore, all the studies that assessed a dose-effect relationship showed this link between cannabis use and the emergence of psychosis or psychotic symptoms. The fact that all causal criteria were present in the studies suggests that cannabis use may be an independent risk factor for the development of psychosis. Results seem to be more consistent for vulnerable individuals with the hypothesis that cannabis use may precipitate psychosis, notably among vulnerable subjects. In particular, early onset of cannabis use during adolescence should be an environmental stressor that interacts with a genetic predisposition to induce a psychotic disorder.’

EliteCommInc: factually, it’s simply not accurate to imply that marijuana smoke necessarily makes its way into the homes of people who don’t wish to smoke it from their neighbors. Certainly that’s not true of less dense housing.

And your logic would lead to the criminal prohibition of tobacco smoking, too, even in private homes. Do you want to throw people in prison for smoking tobacco too?

If your real concern is people being forced to ingest marijuana smoke against their will — which of course they should never be forced to do — then laws imposing fines on people for failing to keep their smoke inside their own house or on their own property would do the job. No need to destroy people’s lives and families and burden the taxpayer by locking up people for smoking marijuana or tobacco.

EliteCommInc: many people who support legalizing adult marijuana use do NOT support legalizing other drugs.

You are right, though, that I support the repeal of all federal “laws” that purport to dictate what people may drink, smoke, whatever. The Tenth Amendment reserves to the state governments — at most — the right to legislate and regulate in these areas.

In our own State, we support the repeal of criminal punishment for “harder” drugs, too. Not because we think “cocaine use isn’t a big deal” or “heroin isn’t much worse than alcohol or marijuana” — because we don’t believe those things at all.

My wife and I have never tried cocaine or heroin or meth or PCP and never would, and we are quite afraid of people in our area who are high on those drugs, especially meth or PCP. It’s just that we don’t think it’s constitutional for the fed gov to act in this area, and we don’t think it’s PRACTICAL for any government to use prohibition to achieve the goals we all want (fewer lives destroyed by addiction and abuse, keeping all drugs out of the hands of minors, less robbery and assaults and other harm to people who don’t use those drugs, lower cost to the taxpayers if possible, etc.).

I think it’s about time that the people who think they have the right to tell others what they can and cannot do be told that everyone has rights. Poor people drink beer, rich people drink martinis who is to say that they are any better than the rest of the world. Who died and made the rich man GOD. If God put it on this earth we have every right to use it, just like anything else. I have never seen Crack, Cocaine, or other chemicals growing beside the road, yet I have seen marijuana growing beside the road. Who has the right to decide what I may or may not want to do? The last time I looked the Constitution said WE THE PEOPLE, not we the government. Why does the government not ask the people what they want. Not some person who lives off a government paycheck either. Knock on a few doors and ask folks. Is it to much to take the time to ask everyone? Who are the voter? Nobody voted Obama to be president, not one American vote was counted. So who voted to tell me what I can and cannot do?

“(fewer lives destroyed by addiction and abuse, keeping all drugs out of the hands of minors, less robbery and assaults and other harm to people who don’t use those drugs, lower cost to the taxpayers if possible, etc.).”

I appreciated your openess. I am not sure legalizing any is going to reduce addiction. Addiction is as to use not whether it is legal.

Uhh excuse me, but I am speaking from experience. t does and it will if you are close enough. I am not in any manner questioning whether the people have the right to exercise their right to decide on local ordinances —

As I don’t drink, the only alcohol I use is to brush my teeth that and peroxide. I have on special occasions, but there have been no special occasions around here for years. And while alcohol is legal and profitable as I am sure the communities legalizing these substances hope will result from the same. The consequences of these go beyond personal use.

I am not sure how the argument has come into play that legalizing such drugs is defacto going to lead to lower crime rates. The drug cartels and their various distributors will still be fighting turf wars over regional control.

I would be a little less dubious if the people of Colorado were assailing all drugs and while you seem to make that allusion, I have not heard as much. If the argument is made as to the whatever, I might be more inclined to have a little buy in — laughing no pun intended.

As for keeping them out of the hands of minors, I need not reference the underground markets within the teen community.

I guess one could make the same argument for speeding limits, but we generally agree that some
uniform code of conduct must be adhered to in driving. I eschew government intrusion, but I am willing to acknowledge that the government is also me and I remain an unconvinced observer of how this all plays out.

Colorado probably going to get swarmed with new residents, all those localities that voted against the shops about to have residents who moved to the state just to smoke it, and soon it will get voted to be sold legally in those counties as well, when the current residents become minorities, they probably going to have so many people migrating there, it wouldn’t surprise me if the mountains there get flattened for new buildings, and they loose all their wildlife. And their tourism about be better then Los Vegas.

Honestly, most of the soldiers are going to keep on smoking spice. Spice doesn’t come out on drug tests. Its legal, but it hits you harder than marijuana?!? A buddy of mine finished his time in the military, called me up and said “lets smoke the real stuff!!” Although he was very disappointed when he realized marijuana gave him a slight headchange compared to smoking spice while he was on duty.

I’m 58 years old, father of 3. I took up smoking cannabis in the early 70’s in the military. I gave it up a few years later as I grew into my career (electrical engineer). I recently took it back up when it became (de-facto, and then de-jure) legal. I know people who have been smoking it regularly since the 70’s with no ill effect. In my case, I have had severe arthritis in my lower back for over 20 years as a result of two disk operations. Since I started smoking for recreational reasons, the arthritis has completely disappeared! I didn’t plan on that happening, it just did! Other effects? I have more energy in the evening than I used to after I drank two beers while cooking dinner.

My kids? I prohibit them from using it, just as I prohibit them from using alcohol – it’s as simple as that; it’s called parenting!

For those who are still for prohibition, I suggest that you research the history of how and why it became illegal in the first place. It’s a real eye-opener.

Thank you for writing this extremely informative article, I myself am trying to open a business in the marijuana industry and this opened my eyes to a lot of legality issues I was concerned about. As i read these comments it seems like a lot of people who are against this, are ones who have not partaken in the use of the substance. Being honest, in my opinion the only people who don’t like it are either people who have never done it, or people who have done it, got too high and got scared because they’ve been fed soo much propaganda B.S. that they are nescient to the new feeling of being high. I guarantee that if alcohol got you high and weed got you drunk, weed would be looked upon as if it were heroin and alcohol would be sold over the counter at a pharmacy as a pain reliever that causes dizziness, just like any other regulated medicine. The whole point of this rant is that the military shouldn’t be scared of something(if regulated) that can’t do anything but make you feel better from an ailment and make you sleep/eat, when other drugs that can kill you are much more accessible, and a much bigger problem in their system than the concerns marijuana presents.

P.S. WYCLIF, its not only “young black men” that get arrested… thats kind of an ignorant statement.